Can a body corporate hire a company to enforce parking rules?
In our 110 unit complex, the committee has never taken action to enforce the onsite car parking rules, apart from the occasional newsletter.
Many owners and occupiers use the visitor car parks from time to time. Most residents do not mind. I have not seen anything in Body Corporate minutes regarding enforcement but now they have decided to allow an outside company to enforce parking in the carpark. Is this permitted?
This is not a commercial car park, and the outside company have no legal right to issue fines. As owners, where do we stand?
Are time limits on strata visitor parking valid?
Can the committee set a time limit on how long a visitor can park in a visitor parking area, after which time the person would be deemed an occupier?
Would a by-law covering the above scenario be valid?
Can a body corporate be fined for not having visitor parking?
Our building approval has a condition we must have 14 visitor car parks. In 1997, the owner/developer prior to selling the building gave himself exclusive use over the visitor car parks, removing any visitor parks. We have been advised the owners may be subject to a fine from the council for contriving the approval. The lot with exclusive use has no issue with our lack of visitor parking. Residents would like visitor parking spaces reinstated as per our building approval. Can the body corporate be fined for not having any visitor parking spaces?
Can visitor parking spaces be converted to resident parking in strata?
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This is our current parking by-law:
An owner or occupier must not, without the written approval of the Body Corporate Committee, subject to the Act:
- park a vehicle or allow a vehicle to stand on any part of the common property (other than in an exclusive use area); or
- permit a visitor to park a vehicle or allow a vehicle to stand on the common property (other than a designated visitor car parking bay).
Our complex has 24 units with one allocated car space within each lot’s carport. The complex has 12 visitor car parks.
Should a body corporate allow long-term use of visitor parking for a resident’s carer?
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In our high-rise apartment building, each lot in the complex has allocated parking spaces plus visitor parking spaces with a 4-hour parking restriction.
Our caretaker provides vouchers to residents who have overnight visitors, and this solution has been effective. Recently, an owner requested ongoing approval for his daughter to park in the visitor parking space long-term. The owner claims the daughter is the mother's carer, but no documentation supports this. The owner has been issued month-long vouchers and now seeks indefinite approval.